Please note that Commissioner William G. Knebes will be covering all court calendars between April 30, 2012 thru May 2, 2012.
Archive for the 'Judicial matters' Category
Judge Williams has formally announced his retirement, and Judge Wood has announced he will run for re-election this year. Please see the attachments for more information.
CLE Presenters
Dr. Sarah Baxter
Dr. Andrew Benjamin
Dr. Marian Birch
Dr. Mary Wegman
Mark Baumann, coordinator
CLE Workshop Materials
Top 10 Attachment-Informed Do-Ables for Lawyers and Judges
By Mark Baumann, J.D., Rachel Hardies, MA, and Sarah Baxter, Ph.D.
Dr Birch’s Top 10 attachment needs
Bibliography (This bibliography identifies books, articles and websites. The debate around overnights for children under age 3 is largely championed by Kelly and Lamb, who believe overnights can be OK in certain situations, and by Jennifer McIntosh and Judith Solomon, who found in their research that overnights cause significant stress and behavioral problems. Some of the articles around this debate are identified.)
Developmental Guidelines for Parenting Time (Baris and Garrity model modified by Dr. Baxter)
Still Face Experiment
Brain scan image comparing healthy and traumatized brain
Powerpoint presentations
Dr. Benjamin’s parenting evaluation powerpoint
Dr Birch’s introdcution to the science of attachment
Attachment informed parenting time guidelines
Residential Guidelines – Spokane County (try using the rotate button in the PDF reader for better readability)
Arizona Supreme Court Parenting Time Guidelines
Minnesota Supreme Court Parenting Time Guidelines
Indiana Rules of Court Parenting Time Guidelines
Links to other resources
The Australian government is undertaking perhaps the largest longitudinal study (10,000 people) of the impact of divorce on children. In 2010, several interim conclusion reports were issued. You can access the full report (169 pages) here: Post-separation parenting arrangements and developmental outcomes for infants and children- Collected Reports 2.
Here is a link to a shorter discussion paper Dr. Jennifer McIntosh. The study finds significant problems for children under age 3 who have overnights away from their primary caregiver, and but not for children 4 and older.
Washington standards for parenting evaluations by psychologists
Brain Rules for Babies
Between Parent and Child
Top Ten Ways to Protect Your Kids (By Dr. Joan Kelly)
ACES Study
Zero to Three
Healing Resources: Preventing and Healing Stress Related Problems
CLE INFORMATION
Date & Time: Thursday, April 26, 2012, 10:00 a.m. – 2:30 p.m. (including 30 minute free lunch)
Location: Clallam County Superior Court room #3 (family court), Port Angeles, Washington
Topic: The Significance of Childhood Attachment in a Rural Family Law Practice
Price: $85, includes lunch and (est) 4 CLE credits
Prevention Works of Clallam County and the Clallam County Bar Association are pleased to present a unique training about childhood attachment for all family law judges, lawyers, staff and other legal professionals who work with families.
Leading this training is Andrew Benjamin J.D., Ph.D., ABPP. He is the director of the Parenting Evaluation/Training Program (PETP) and is a Clinical Professor of Psychology and Affiliate Professor of Law at the University of Washington. Joining him will be a panel of three psychologists: Sarah Baxter, Ph.D., Marian Birch, Ph.D., and Mary Wegman, Ph.D. These presenters are all highly experienced clinicians and expert witnesses with expertise in attachment theory as applied in the court system.
Childhood attachment is considered by many to be the most important psychological discovery in the last 50 years. Substantial neuroscience research supports the connection between childhood attachment and brain development. This research also connects the quality of attachment to how a child behaves as an adult. More recently, attachment theory and its practical implications to family law are changing the nature of the practice.
The seminar panel will define attachment, describe good and bad parenting in terms of promoting healthy attachment, describe the incredible life-long harm poor attachment can cause, and discuss the practical significance for family court practitioners. Information will be provided to help judges and lawyers recognize when a family needs help fostering healthy attachment, what judges can specifically order to facilitate improved attachment (and healthier children) that are low or no cost, and how lawyers can counsel clients to appreciate and take advantage of the benefits of adopting an attachment-focused approach.
The seminar format will be two lectures followed by a question and answer period, and a panel discussion of common fact scenarios with audience involvement. This seminar will be highly focused on applying attachment principles to real-world situations in family court, rather than dependency court, where resources are limited,. Participants are encouraged to provide fact patterns or case examples for discussion. If you have a situation you would like the panelists to discuss, please email Mark Baumann.
As far as we know, this is the first attachment seminar focused specifically on the needs of a family court where resources are poor and the solutions are focused on what judges, lawyers and parents can do to improve the lives of children. The panel is very excited to be able to present this topic and I hope you will you join us for this very special opportunity. Lunch will be provided and I expect to be approved for 4 CLE credits. Information about materials will be provided as available.
To register, send your name, email address, bar number, and a check payable to Prevention Works (we apologize that we cannot accept credit card payments) and mail them to:
Mark Baumann
PO Box 2088
Port Angeles WA 98362
360-452-8688
(mark@markbaumann.com)
(try using the rotate button in the PDF reader for better readability)
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Hello All,
This is to remind you we have a CLE Luncheon at the Skills Center this Friday, March 16, at noon. Gary Colley will present a one-hour seminar on conservation easements. This presentation has been approved by the WSBA for one CLE credit. The cost for the CLE is $20. Checks are to be payable to Clallam-Jefferson Pro Bono Lawyers. Lunch is $9.50. Checks are to be payable to Skills Center.
Please note also I will discuss briefly the proposed amendment to the Admission to Practice Rules that would allow nonlawyer legal technicians to provide certain legal services. I intend to request authorization by the CCBA to send letters to each Washington Supreme Court Justice and to Stan Bastian, WSBA President, expressing our Bar’s opposition to the proposed rule.
Earlier, I circulated, via email, material regarding this matter, including pro and con essays from the Bar News and a copy of the proposed rule. I encourage you to read that material in advance of this Friday’s luncheon. If you did not receive that email, or wish to receive it again, please let me know.
Thank you.
Simon Barnhart
In State v. Stone, Division Two of the Court of Appeals (Tacoma) has ruled the Jefferson County Superior Court pay or appear program is unconstitutional as applied.
State v. Stone___ Wn,App ___,(39912-1-II) (Div II) Jan. 4, 2011.
“We hold that enforcement proceedings for LFO [Legal Financial Obligation] payment obligations arising from criminal
sentences, which may result in incarceration, triggered a fundamental due process right to
appointed counsel denied Stone at the March 23 hearing. We also hold that the trial court
violated Stone’s due process rights by imposing jail time without inquiring at the March 23
hearing into Stone’s ability to pay and without making a finding at the October 2 hearing of his
willful failure to pay.”
CASE SUMMARY (per Washington Defender Association):
LFOs/Right to Counsel: Enforcement of LFOs falls under the criminal statutes and requires counsel to be provided if noncompliance may result in incarceration.
State v. Stone___ Wn,App ___,(39912-1-II) (Div II) Jan. 4, 2011.
Facts: Mr. Stone was ordered to pay LFOs as part of a criminal sentence. Without counsel being appointed to him, he signed an order to pay or appear in Jefferson County, requiring a minimum payment of $25.00 per month. He missed payments and failed to appear and did not contact the court numerous times. He was eventually incarcerated for non-payment and did not have counsel provided for the court hearings where jail was imposed. The court imposed jail because Mr. Stone did not pay and did not contact the court to offer any information about his circumstances. The court did not make any finding on Mr. Stone’s ability to pay but punished him for not paying and not appearing/calling. The state argued that the enforcement fell under the civil contempt statutes rather than the criminal statutes and that if counsel was required, Mr. Stone had waived that right.
Held: Enforcement proceedings for LFO payment arising from criminal sentences fall under the criminal statutes, here under 9.94B.040 [and not the civil contempt statutes]. If enforcement may result in incarceration then a fundamental due process right to counsel applies. Here, the trial court violated Mr. Stone’s due process rights when it sanctioned him without inquiring about Mr. Stone’s ability to pay and without finding a willful failure to pay and without providing counsel.
If you would like to comment on this story, please send an email to editor @clallamcountybar.com [NOTE: you can cut and paste this email address, but you must remove the spaces after "editor" in the email address. Spaces are included to reduce spam.]
Judge Headrick passed away December 7, 2011 at age 74. He honored the Clallam County District Court #1 Bench over four terms from 1979 through 1993. Judge Headrick represented the finest qualities of a judge. He was fair, impartial, diligent, balanced and compassionate. He worked hard and brought a fine legal mind as he considered all sides of an argument.
Above all, Judge Headrick was, as Craig Ritchie said, unflappable. He demonstrated an unusual amount of patience and politeness. For practitioners, this is often one of the most appreciated aspects of a judge.
A celebration of life will be held at 2:00 p.m. on Saturday, January 7, 2012, in the Juan de Fuca Room at the Port Angeles Crabhouse restaurant, 221 North Lincoln Street, Port Angeles, Washington.
If you would like to offer a thought or memory about Rich, please forward your thoughts and we will post them.
A very nice Memorial Notice may found here at the Peninsula Daily News website.
Commissioner Basden will be out next Friday on the 23rd. The morning Family Court Calendar will be moved to Courtroom II before Judge Williams, and the afternoon Family Court Calendar will be moved to Courtroom I before Judge Taylor.
Chris Melley’s position as District Court Commissioner was terminated by the county, on Wednesday, November 30, 2011, due to budgetary issues. Chris has provided dedicate and honorable leadership to our county for 35 years (so far).
We hope to see him back contributing to the needs of our county soon, and we wish him the best as he spends time regrouping to find his next path in life.
The “Voting for Judges” website (http://www.votingforjudges.org) is a valuable nonpartisan source of judicial-evaluation information for candidates running for judicial office. Now in its fifth year, the site includes information about candidates for all levels of courts throughout the state.
The WSBA is a co-sponsor of this site.
The Judicial Forum will be held on July 16, 2010 from 11:45 to 1:15. The PDN and Sequim Gazette will be present and the forum will be recorded.
Steve Methner is not available as a moderator, so if someone has a suggestion, please contact President, Will Payne.
After the forum, the evaluation forms for prosecutor and judicial candidates will be mailed to only dues paid members for 2010 as of July 16, 2010. So, if you have not paid, please do so to Cliff Tassie. The evaluations will be mailed with a SASE envelope to return the evaluations to CCBA and the results will be blind. Past President, Carol Mortensen, President, Will Payne and 2011 President, Chris Koenig will tally the results and provide it to the members.
Please RSVP so a correct amount of food may be ordered for those who attend.
Per Ms. Clevenger, Court Administrator: CHINS/YAR moves to Wednesday at 0830 as of March 1; Juvenile Dependency Calendar moves to Wednesday at 0900 as of March 1; Juvenile Offender Calendar moves to 0900 Thursday as of March 1.
On June 29, 2009, the Clallam County Superior Court implemented changes to LCR 77(k), and LCR 94(f) (with Exhibit A), and Administrative rule 0.3, and added Administrative Rule 0.5, 0.6, 0.7
Of particular note for family law practictioners, LCR 94(f) makes substantial changes to the settlement conference procedures, and imposes heavy financial santcions for failing to comply with the rule. For example, settlement conference briefs are now mandatory using the required form, and if filed late incur mandatory sanctions of $250-$500. Failing to appear at a settlement conference, without court permission, yields a mandatory sanction of $250.
Administrative rule 0.7 requires all pleadings to be in at least 12 point type.
Local rules may be found at www.courts.wa.gov
The Clallam County Bar Association is holding a judicial candidate forum for the candidates for Washington State Court of Appeals Division II, District 2.
Attorney Tim Ford is challenging the incumbent Judge J. Robin Hunt for a seat on the court.
Both candidates will be present to discuss their judicial philosophy and to answer questions put to them by the moderator.
The event will be held Friday, June 20, 2008 at 2:00 p.m. at the Port Angeles City Council Chambers.
The public is invited to attend.
For further information about the candidates: www.reelectjudgehunt.com and www.timford2008.com
Patrick M. Irwin, President
Clallam County Bar Association
360-457-3327
There will be a brown bag luncheon at noon tomorrow (March 5, 2008) at the courthouse. This will be to discuss the judge rotation calendar.
(Click to enlarge photo) To an overflowing crowd in Clallam County’s Courtroom 1, Brooke Taylor was sworn in by Washington State Supreme Court Chief Justice Gerry Alexander, as Clallam County’s new, and third, Superior Court judge on Wednesday, January 2, 2008. Present at the ceremony were numerous dignitaries including Continue reading ‘Brooke Taylor sworn as Judge’